Uk ancestry visa refusal

[Jayboy808]

If anyone has advice I'd be forever grateful..I should start by explaining that I'd married a British girl in 2014. We were in North America at the time and she wanted to go home to England. We took the surrinder singh route via ireland. We lived in ireland for a year until I received my Irish residency. We had applied for our family pass to enter the uk but we're refused due to missing documents. However we were still able to enter the uk so long as when we arrived we applied for my 5yr uk residence card. This was july of 2016. Unfortunately after 2 months she deserted our marriage and I was left hanging. I had been issued a NIN and was working. To try and stay in the uk I decided to leave back home to canada to apply for my ancestry visa. I left March 11 this year. Everything was sent off and my lawyer seemed more than confident I'd get approved. I just found out this past weekend that my ex had called the home office in January this year to report our separation. Not sure what date she gave them. I'm concerned because as far as I know my Irish residency is what allowed me to enter the uk. Unfortunately they dud not stamp my passport upon arriving because of the common travel arrangement. I'm wondering if her reporting our separation deemed me illegal and if everything I thought I was doing right was wrong. I will receive the letter from the ukvi in a day or two explains why I was refused. Iso there any chance I can reapply? Or enter as a visitor to sort out my things before leaving again? So stressed

[CR001]

If you were still married, then no you were not illegal when you left.

If you divorced, when was the divorce finalised and the decree absolute issued?

[Jayboy808]

We're not divorced. And no proceedings have started..am I still able to return so I can sort things out?

[CR001]

As long as you are still married to an EU citizen, your status in the UK remains valid. So not sure what needs to be 'sorted out'? If she has notified HO on the prescribed HO form, then you might have a bit of an issue but the fact still remains that you are still married.

Suggest if you qualify for UK Ancestry, get that sorted and then return, they don't take long to process provided you have ALL the required documents.

Are you aware of the costs? £496 visa fee and £1000 immigration health surcharge and this is besides the proof of funds you have to show.

[Jayboy808]

I'm aware of the costs involved and I really appreciate your advice:) I've made an appointment with my immigration solicitor in the uk and I'm going to fly back to talk to him and arrange to have another ancestry visa application prepared. I realize it may be an issue upon landing however like you and my solicitor have said, my rights are still valid. I will be forthcoming with the entry officer and put him/her in contact with my solicitor if need be. Thank you very much for the advice as it's been a very stressful time of late..

[CR001]

Why are you paying a solicitor to prepare the Ancestry application? It is one of the easiest visas to apply for, provided you have all the birth/marriage cert documents.

[Jayboy808]

I find this stuff very stressful is all. I may not need his help at this point since I've already gone through the process and have more understanding now. I'm still waiting for my refusal letter to arrive so I can see what went wrong. Is it OK to reapply immediately if I can sort out the mistake from here? I'll share the results of the letter once I've received it. Thanks for your reply:)

[CR001]

Did your solicitor not tell you why it was refused? The letter they received would have stated the reasons.

What is your Ancestry links, the line you are claiming?

What documents did you submit?

[Jayboy808]

My solicitor thought everything was in order..I won't have my refusal letter till tomorrow. I claimed ancestry based on my grandmother..provided her birth certificate, my mother's long form birth certificate and my own long form birth certificate. I also provided my housing arrangements (lease) , information on the house as well, 4 months of bank statements (since I only got my account in november), copies of my Irish residency and payslips from Ireland, invoices and receipts from the uk, a letter from the council allowing me to perform my job, my tax I.D information, my NIN, passport, a letter from my employer, ano a brief description of how I entered through Eea regulations and was currently separated but no divorce action has been taken and my wife is currently residing in the uk and working...not sure what could be wrong..

[CR001]

Where were you born? What nationality do you hold?

Which country did you submit your Ancestry application??

Was your grandmother born in the UK?

Did you submit marriage certificates to show the name changes for female family members?

[Jayboy808]

I'm canadian and applied from canada..didn't provide marrimage certificates to show name change as I didn't think I needed to. My grandmothers full name is on my mother's birth certificate and my mother's full name is on mine..my grandmother was born in Leatherhead uk

[CR001]

I cannot understand what possibly caused the refusal. It is such an easy visa to get. Even mine only took 2 days to be approved/issued and my situation was a bit complicated due to an adoption and differing spelling of names, but I still got the visa no questions asked.

[Jayboy808]

My mother's birth certificate has my grandmothers full original name on it before marriage. I don't understand..but I will let you know what they say once I get my letter tomorrow. I'm glad to hear you got yours so easily:) it's nice to hear this stuff works out for somebody...the one thing I was concerned about was the vfs office I sent my stuff off with didn't take my original birth certificates..iIeat asking why and they said they didn't need them..only copies..not quite sure..I'll let you know tomorrow. Thank you for speaking with me:)

[CR001]

Please do let me know. There really are almost no refusals for this visa, you either qualify or you don't, which is why I am so surprised you got one and intrigued to know why.

Not many members have Ancestry visa experience and I am the only moderator I think that knows it well having gone through it.

Will look forward to hearing back from you and hopefully we can sort you out with help free of charge (no need for solicitors). I have quite a few links of successes of ILR after the 5 years too.

[Jayboy808]

Thank you so much! I'm quite saddened and scared..any help is greatly appreciated!

[CR001]

Happy to help so let me know the exact reasons for refusal and then we can go from there.

[Jayboy808]

I received my refusal letter today and the reason for refusal was a mistake I'd made on the application itself regarding previous visa applications. I checked the no box. I overlooked the fact that when my ex and I were trying to get a family permit from Ireland that a family permit and visa were the same thing. An error because I misunderstood the wording. Horrible mistake. The eco also added that because I'd entered the uk through the common travel area and worked in the uk that it breached uk immigration rules. The latter reason seemed odd to be because I was on the understanding that I could still go to the uk and apply for a 5yr uk residence card. Since we were refused the family pass. Even when I applied and received my NIN the agent who did my application said I could work. So I did.
They have given me the right to appeal. I've downloaded the appropriate forms and am trying to get my solicitor over there to contact me asap. Obviously it's a holiday weekend so I'm stuck till Tuesday..been trying to find the fees involved in appealing but can't seem to...if you can assist me in would be very grateful:)

[CR001]

That is actually a serious mistake because if you apply again and then tick yes (previously ticking no), HO can claim deception or withholding a material fact. You will need a very carefully, well explained letter to get around this one. ANY application with HO is an 'entry clearance' or immigration application.

You should have applied for a RC as soon as you arrived in the UK to be on the safe side and avoid the 'illegal working' allegation. You would need to quote the relevant EU directive to overcome this one. How long were you in Ireland and was your wife working there before moving to the UK?

Will have to see if I can find the fees, might take a while though, so stand by.

[Jayboy808]

I found fees of £490 for a paper hearing and £800 for an oral hearing that I can have my solicitor represent me at. Obviously there will be other fees if I choose to expedite things etc. It is a serious mistake but one that was honest. I simply got mixed up with the wording and didn't think a visa was the same as a permit. Stupid I know..even my solicitor didn't catch it and knew our story. I'm not applying for ancestry until I try for this appeal. They will refuse any future applications for 10 yrs. The only option I have left is appeal which they've granted me. I've got the appeal forms and have 28 days to send them. I was trying to get my residence card right away but my wife deserted me 2 months after arriving. I was informed I was still allowed to work by the NIN people and because of European law. I was in ireland for a year and got residency there. My wife was working and going to school.

[Jayboy808]

I was also wondering about something...as a canadian I'm not required a visitor visa to enter the uk. I understand that this refusal is saying I can't apply for another visa for ten years but will it ban me from even entering the uk? I would obviously have some issues at border patrol proving my intention to leave with a return flight. Was just curious as I'm appealing this decision and wondered if it were possible as this process unfolds. Would it hurt my chances of appeal? The appeal could take months which I'm prepared for but if there was a chance I could visit for even 2 weeks it would be ideal as everything I own is there.

[CR001]

Can you post the full text of the refusal letter please (excluding personal info). If you have been banned for 10 years, then no, you cannot enter the UK even as a visitor.

[Jayboy808]

It says..
You have applied for an entry clearance under uk ancestry to the United Kingdom for 5 yrs.I have considered your application under paragraph 186 and paragraph 320 7a of the uk immigration rules.
In assessing your individual application it has not been necessary to interview you , but I have taken account of
-your passport
-the supporting documents you provided
I have used all of the information provided by you to determine if the requirements of the immigration act have been met. In reaching my decision, which has been made on the balance of probabilities, I note the following points:

You have signed your application form to say that the information in it is true. However , home office records show that you were refused an application for an Eea family permit on June 28 2016. You have not declared this material fact on your application form. You have signed your application form and have also stated that the information whether input by yourself, input on your behalf by a third party or automatically pre-populated is correct to the best of your knowledge and belief.
I am therefore refusing your application under paragraph 3207a of the uk immigration rules.
In addition having been refused an Eea family permit, I note that you chose to go to the uk in any event, entering the common travel area and worked in the uk without proper authority in breach of the uk immigration rules.
I am therefore refusing your application under paragraph 320 7b.
Any future applications will also be automatically refused for the same reason under paragraph 3207b until January 29 2027.

Then it explains my right to appeal under section 82 (1) of the nationality immigration and asylum act 2002.

[vinny]

That is actually a serious mistake because if you apply again and then tick yes (previously ticking no), HO can claim deception or withholding a material fact. You will need a very carefully, well explained letter to get around this one. ANY application with HO is an 'entry clearance' or immigration application.

It's serious.

[Tamandua]

"(...)to the best of your knowledge and belief."

The OP didn't know that an EEA family permit was actually a "visa" because it is presupposition and implication.

[Jayboy808]

Are there any eu mandates that may help with the second part of my refusal ?working in the uk with Irish stamp4 eufam residency? I was informed by the NIN that I was able to work upon arriving in the uk. Since we were refused the family pass while in ireland it was understood we could still go to the uk to apply for my 5 yrs residence card. Since my wife had deserted me shortly after arriving I didn't have the opportunity to do so. An ancestry visa seemed my best chance at staying. My solicitor informed me that I was legal and would be ok until there was a finalised divorce. Is there some kind of European law that would've protected me or does? It was never my intention of working illegally..I was told this was ok. Trying to find help with this appeal..if anyone knows you're help would be appreciated:)